GHULAM MUHIDDIN Vs. INSPECTOR OF ANGLO INDIAN SCHOOLS

JUDGEMENT

(1.) THIS petition, at the instance of a student of St. Joseph College, Allahabad (hereinafter referred to as the (College) stems from the orders passed by the Inspector of Anglo-Indian Schools (hereinafter referred to as the Inspector) refusing to enter the correct date of birth of the petitioner in the records of the college.

(2.) STANDING counsel has accepted notice on behalf of the Inspector. Shri P. K. Mukherji has put in appearance on behalf of the Principal of the college. A counter affidavit has been filed on behalf of the principle of the college. The petitioner has not been formally admitted as yet. However, with the consent of the counsel for the parties this petition is being disposed of finally.

(3.) RULE 58 of the Code of Regulations of Anglo-Indian Schools, U. P., inter alia, provides that no recognized school shall admit a scholar without the transfer certificate from the last school which he attended. The contents of rule 59 insofar as they are relevant to the present controversy are extracted :- ........ the date of birth of a scholar, as declared by a parent or the guardian at the time of his original admission to a recognised institution shall not be subsequently changed." The aforequoted provisions, it appears, have impelled the Inspector to take the view that no change of the date of birth of the petitioner is possible.